Australian citizens who live overseas and want to return to Australia, with some exceptions, now have to pay for their mandatory two-week hotel quarantine.

This new rule applies for those returning to New South Wales or Queensland. It means that a single adult returning home must have AUD $3000 to pay for their stay. Last week New Zealand announced a similar policy: citizens returning home to stay less than 90 days will be charged for their quarantine. 

Announcing the policy, NSW Premier Gladys Berijiklian said “Australian residents have been given plenty of time to return home, and we feel it is only fair that they cover some of the costs of their hotel accommodation”. 

The locution of having “been given” time to return home sounded curious to many of us who reside overseas. We were unaware that living elsewhere had been a matter of taking. 

In the comments sections of news articles about the announcement, the Premier’s sentiment was echoed by other Australians. A recurring theme appeared: overseas Australians who returned home now are being selfish to expect taxpayer help

What could fairness require, in a pandemic? It is not fair that some people will get COVID and others will not. It is not fair that some will die while others survive. These are circumstances where a question about fairness is simply not askable; there is only tragedy, which does not have a possible equitable distribution. 

One way to be unfair in a pandemic might be to expose other people to risk. People arriving from overseas certainly do that, and it is crucial to Australia’s efforts to contain the coronavirus that it curbs the risk from international travellers. Like many other countries, Australia was within its rights to close its borders early to international travellers in recognition of this risk. 

The very concept of citizenship, however, prohibits closing borders entirely. No matter where citizens ordinarily live, their government has a duty to allow them to cross the border of their home. This is what it means to be a citizen. 

There is a problem of incommensurability here. How does the need to mitigate a biothreat weigh against the standing rights of citizens to cross a border? One is a value of rights and obligations; the other is a value of consequences and threat reduction. Neither of these values presents itself in a standardised unit to be compared against the other.

The question is not quite “how do we make a good decision?” but “which kind of good should we be interested in?”. This is a fairly common problem.

Not all of the things we want governments to provide can be coherently measured against each other, so when they come into conflict, it’s not clear how to even begin making the trade. Privacy against safety, health against freedom, service provision against non-interference. 

The Government appears to have chosen fairness as the value to adjudicate between the two. The Premier described the policy as “only fair”, since “Aussies overseas have had three or four months to figure out what they want to do”. Prime Minister Scott Morrison echoed this, saying overseas Australians “obviously delayed [their] decision”, and Winston Peters of the New Zealand First Party said that asking taxpayers to pay for fellow citizens’ quarantine was “grossly unfair”.

There are two features of the decision that challenge the terms of fairness here. One is that it seems only to apply to Australians overseas. We would not, for instance, describe it as “only fair” to deny Medicare coverage to an Australian at home who contracted COVID-19 after breaking quarantine rules, even though there is an argument that this is ‘only fair’. Like the quarantine fee, it would mean that those who had ‘plenty of time’ to follow the rules did not impose a burden on the taxpayer when an emergency befell them.

The second is that it is not clear that fairness is the value we should default to in the midst of a global pandemic. In an article for Guardian New Zealand, Elle Hunt suggested that these policies are a failure of empathy. “Discriminating against all but the most wealthy members of the diaspora is a rare failure of not just compassion but imagination – to reach a more equal solution, and to imagine the painful personal circumstances in which it might be warranted.”

Empathy asks different things of a government than fairness. It asks for mercy and the maximum provision of services to those who are suffering. It asks for an imaginative capaciousness about what life is like for citizens whose jobs, families, friends and visas would have been in peril if they had returned earlier. It asks for magnanimity, forgiveness, and generosity.

Empathy may not be a viable long term guiding principle for a political party. But in a pandemic, we may find that the alternative language of fairness and moralising either loses its footing entirely or forces us to absurd conclusions.

“Only fair” was how the Premier described the policy, but we have more values than only fairness. A global emergency may be the time to use some.

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